[Mayanka Dhawan is a Delhi-based Advocate and has an LLM from University College London] The advent of globalization has manifested in manifold increase in cross-border business, which has prompted commercial disputes to take new dimensions, including foreign disputants and multinational corporations. In resolving such disputes, the usual litigation did not turn out to be the preferred choice for...
Non-Arbitrability of Debt Recovery Disputes: The Need for Reconsideration
[Shagun Singhal and Khushbu Turki are third year students at National Law Institute University, Bhopal] Since the Arbitration and Conciliation Act, 1996 fails to define the contours of subject-matter arbitrability, the same has remained a bone of contention despite repeated attempts by the courts to crystallise its scope. The issue was first addressed by the Supreme Court in of Booz Allen v. SBI...
Flip Structure Transactions: Regulatory Implications in India
[Divyansh Nayar is a 5th Year B.A.LL.B student and Arth Singhal a 4th Year B.A.LL.B student, both at National Law University Odisha] Over the last decade, the concept of a “flip” has gained popularity in the venture capital circles, especially amongst Indian startups seeking support from foreign investors. A “flip” transaction is one where an Indian company incorporates a company in a favourable...
SEBI Informal Guidance on Receipt of Broking Income from Advisory Clients
[Rakshita Poddar is an Associate at Mindspright Legal in Mumbai] India’s financial advisory market has been developing at a rapid pace in the last decade and this required financial regulators like the Securities and Exchange Board of India (SEBI) to introduce a comprehensive and transparent set of laws for scrutinising the conduct of the market participants like investment advisers. Accordingly...
The Need to Recalibrate the Indian Approach towards Cryptocurrencies
[Santosh S is a III year student at Symbiosis Law School, Pune] Since their advent in global economic affairs, cryptocurrencies have consistently stirred controversy, fear and caution. Despite this, they have proliferated rapidly, causing some significant legal and policy considerations to arise. In tandem with this global trend, cryptocurrency trading saw an increased share in volume in India...
Supreme Court Decides Regarding Disciplinary Enquiry before Dismissing a Worker
[Yagya Sharma is a 4th year BA LLB (Hons.) student at the Institute of Law, Nirma University, Ahmedabad] On 20 January 2021, the Supreme Court of India held in State of Uttarakhand v. Sureshwati that the dismissal of Smt. Sureshwati by her employer cannot be interfered with merely on the ground that it did not conduct a disciplinary enquiry before dismissing. However, the employer will have to...
Ramifications of the Singapore Mediation Convention in India
[Akash S. Ray and Aman Guru are fifth year B.A. LL.B. (Honours) students of Symbiosis Law School, Pune] The United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Mediation Convention) is a recent development in UNCITRAL’s long term commitment to harmonisation of the international scheme of alternative dispute resolution mechanisms. By taking cues...
CCI vs. SEBI: Overlapping Jurisdiction of CCI and a Sectoral Regulator
[Neha Sinha is a 4th year B.A. LL.B. student at National University of Study and Research in Law, Ranchi] The Competition Commission of India (‘CCI’) monitors markets of all nature to identify any anti-competitive practice by persons or enterprises leading to appreciable adverse effect on competition. This means that the CCI’s powers also traverse sectors governed by special laws and regulated by...
Call for Submissions: Trade, Law and Development
[Announcement on behalf of Trade, Law and Development] Founded in 2009, the philosophy of Trade, Law and Development has been to generate and sustain a constructive and democratic debate on emergent issues in international economic law and to serve as a forum for the discussion and distribution of ideas. In keeping with these ideals, the Board of Editors is pleased to announce “Trade and...
CCI on Integration of Google Meet with Gmail: Abuse of Dominant Position?
[Harsh Patidar is a 3rd year B.A.LL.B. (Hons.) student and Monish Raghuwanshi a 2nd year B.A.LL.B. (Hons.) student, both at National Law Institute University, Bhopal] Section 4 of the Competition Act, 2002 prohibits one or more enterprises from abusing its dominant position in the market to determine the price, supply, amount of production and distribution, by acting independently of their...
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